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<![CDATA[Aspek Hukum Penyederhanaan Perizinan Badan Usaha di Bidang Lingkungan Hidup dalam Undang-Undang Cipta Kerja ]]>
<![CDATA[Fitri Yanni Dewi Siregar]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 7, No 2 (2020): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v7i2.3968
<![CDATA[This study aims to determine the concept of business licensing in the environmental sector contained in Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) using a permit-based approach (license approach) which will be converted into a standard application and a risk line (Risk). -Based Approach / RBA) in the Job Creation Law, this means that later the granting of permits will be carried out by the central government based on the calculation of the value of the level of danger and the value of potential hazards to aspects of health, safety, environment and/or resource utilization. The research method used is a normative juridical approach based on primary legal materials. This study uses an approach: statute approach, conceptual approach, and case approach. The technique of tracing legal materials uses document study techniques, and the analysis of studies uses qualitative analysis.]]>
<![CDATA[Pandemi As A Reason Force Majeure In Contract Procurement Of Goods / Government Services ]]>
<![CDATA[Fitri Yanni Dewi Siregar]]>
<![CDATA[ NOMOI Law Review Vol 1, No 1 (2020): May Edition ]]>
Publisher : <![CDATA[NOMOI Law Review ]]>
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DOI: 10.30596/nomoi.v1i1.4646
<![CDATA[Procurement of goods and services is an effort to obtain the desired goods and services by doing it on the basis of logical and systematic thinking (the system of thought), following applicable norms and ethics, based on standard procurement methods and processes.However, when a pandemic event occurs, many activities of every person and institution related to the procurement of goods / services become impeded.The occurrence of the Covid-19 pandemic required the state to prioritize the safety of the population, and therefore it was necessary to provide sufficient budget.This is what causes a "budget shift" which then makes the budget for procurement of goods / services significantly reduced, or even no more.Presence of Presidential Decree No.12 of 2020concerning theDetermination of Non-Disaster Spread of Corona Virus Disease 2019 (Covid-19) was not intended to make Covid-19 as a direct reason to cancel the contract.This becomes the reason and entrance for renegotiation with the reason thatforce majeurecan certainly be based on Pasal 1244, Pasal 1245, and especially Pasal 1338 of the Civil Code.The legal effect of the presence of Presidential Decree on the Establishment of non-natural disasters Spreading Corona Virus Disease 2019 (Covid-19) against the contract goods / services procurement of government issepanjang condition offorce majeureare met,the KDP has a legitimate basis in stopping the process of selection and contracting process based on propriety and justice and the principle of budget availability.Keywords:Force Majeure,Procurement Contract.]]>
<![CDATA[Penerapan Asas Pemilu Terhadap Electronic Voting (E-Voting) Pada Pemilu Tahun 2024 ]]>
<![CDATA[Mhd Ansor Lubis]]>;
<![CDATA[Wenggedes Frensh]]>;
<![CDATA[Fitri Yanni Dewi Siregar]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol 9, No 1 (2022): JURNAL ILMIAH PENEGAKAN HUKUM JUNI ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i1.6491
<![CDATA[This study aims to determine the implementation of the E-voting electoral system (Electronic Voting) which is a new method in general elections in Indonesia, the use of the E-voting system (Electronic Voting) later in the 2024 election is a step forward to realize the election principle, namely Luber Jurdil. The use of the conventional system in the previous election was still considered ineffective and in the end gave birth to various problems such as the inaccuracy of the vote count results, it was suspected that there were voters who chose more than one pair of candidates, took a long time to determine the results of the general election, used a lot of human resources. So from these problems, a new system is needed to be able to maximize the electoral system so that the Luber Jurdil principles are implemented. The research method used in this research is normative juridical by using a statutory approach and a conceptual approach to a legal issue that is currently relevant. And is prescriptive. The results of the study conclude that the E-voting system in general elections is a system that is more effectively used and has fulfilled the election principle, namely Luber Jurdil, so that in the implementation of E-voting a special and explicit regulation can be formed, both in the form of laws and regulations. Perpu. So that later in the implementation it has regulations and legitimacy that are binding and clear in accordance with Pancasila and the 1945 Constitution]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Dalam Rumah Tangga di Desa Bandar Khalipah Dusun XI Kec. Precut Sei Tuan Kab. Deli Serdang ]]>
<![CDATA[Zaini Munawir]]>;
<![CDATA[Fitri Yanni Dewi Siregar]]>;
<![CDATA[Raudha Anggraini Tarigan]]>
<![CDATA[ Pelita Masyarakat Vol. 4 No. 1 (2022): Pelita Masyarakat, September ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/pelitamasyarakat.v4i1.6876
<![CDATA[Domestic violence is not only physical, but psychological and sexual which can happen continuously. Threats with weapons and death are the biggest risks that can arise if domestic violence is not stopped. Violence against children in the family by their own parents is basically a crime even though the motivation is right. This service aims to find out what forms of violence are experienced by children as victims of domestic violence (DRT) and how are forms of legal protection for children as victims of domestic violence in Bandar Khalipah Village, Dusun XI Kec. Precut Sei Tuan Kab. Deli Serdang. This community service activity is a form of implementation of the collaboration between the Medan Area University and Bandar Khalipah Village, Dusun XI Kec. Precut Sei Tuan Kab. Deli Serdang. This Community Service is carried out for 3 days starting on 09, 10 and 11 November 2021, 14.00 - Finish which consists of planning, preparing and implementing service activities. The conclusion that can be drawn from this activity is the need for special attention to institutions in charge of protecting children such as LPKA, LPAS and LPKS institutions and providing socialization of laws and regulations relating to child protection to all levels of society.]]>
<![CDATA[Realizing People's Welfare in Economic Globalization, Perspective of the Law on Information and Electronic Transactions ]]>
<![CDATA[Finna Nazran]]>;
<![CDATA[Fitri Yanni Dewi Siregar]]>
<![CDATA[ Veteran Law Review Vol 5, No 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Pembangunan Nasional Veteran Jakarta University ]]>
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DOI: 10.35586/velrev.v5i1.4028
<![CDATA[Globalization that occurs in the economic field today certainly affects the trade between several countries that are free. This is due to the fact that the use of technology has encouraged rapid business growth, because various information can be presented through long distance relationships and those who wish to conduct transactions do not have to meet face to face, but simply through computer and telecommunications equipment. Utilization of ITE Technology is carried out based on the principles of legal certainty, benefits, prudence, good faith, and freedom to choose technology or technology neutrality. This study aims to determine the development and concept of people's prosperity in economic globalization in Indonesia, with the presence of the ITE Law in creating a just economy. This research uses normative legal research which is descriptive analytical with a qualitative approach to primary data, secondary data and tertiary data which includes the content and structure of positive law. used as a reference in reviewing legal issues that are the object of study. The results of the study indicate that the existence of the ITE Law in creating a just economy at this time has major implications for the development of social life . Economic justice must be understood as a condition where the people control the course of economic activity, through the use of information and technology which is carried out based on the principles of legal certainty, benefits, prudence, good faith, and freedom to choose technology or technology neutrality. This is in line with the goals of the state as stated in the fourth paragraph of the Preamble to the 1945 Constitution.]]>
<![CDATA[Eksistensi Penyelesaian Sengketa Masyarakat Hukum Adat dalam Pencegahan Perusakan Kawasan Hutan ]]>
<![CDATA[Taufik Siregar]]>;
<![CDATA[Fitri Yanni Dewi Siregar]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/jiph.v9i2.7342
<![CDATA[This study aims to find out that forest management often occurs when conflicts arise between the community and the state regarding land/natural resources. In customary law communities, disputes that have occurred have long been resolved by deliberation and consensus through customary institutions known as customary courts. This study uses normative legal research that is descriptive analytical, with a normative juridical approach, namely an approach based on the main legal materials related to this research. The data analysis in this study was carried out qualitatively. The results of the study indicate that the existence of customary law as a component of legal substance must be given a reasonable place in the development of legal materials in accordance with the socio-cultural diversity of the community. Disputing Indigenous Peoples generally have different customary laws which are strongly adhered to by the community, so that it can make it difficult to resolve disputes that occur. In general, the causes of this case are due to the acquisition of forest areas for plantations, usurpation of customary lands and violations of other prohibitions by plantation companies against customary law]]>
<![CDATA[Peran Masyarakat dalam Pembangunan Berkelanjutan Berwawasan Lingkungan pada Sektor Industri Kehutanan ]]>
<![CDATA[Fitri Yanni Dewi Siregar]]>
<![CDATA[ Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 3 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), February ]]>
Publisher : <![CDATA[Mahesa Research Center ]]>
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DOI: 10.34007/jehss.v4i3.882
<![CDATA[Environmentally sound development is a conscious and planned effort that integrates the environment, including resources, into the development process to ensure the ability, welfare, and quality of life of present and future generations. This study aims to determine the importance of community participation in environmentally sustainable development in the forestry industry sector as a form of prevention and eradication of forest destruction and to increase public awareness about the importance of forest conservation and the negative impacts of forest destruction. The research method used is a normative juridical approach based on primary legal materials using data collection techniques through document studies which are then analyzed qualitatively. In this study it can be concluded that community participation is an absolute must in the framework of creating a healthy living environment as regulated in several laws and regulations and optimizing community participation in environmental protection and management activities by providing wider space for the community to participate.]]>
<![CDATA[Kesetaraan Batas Usia Perkawinan di Indonesia dari Perspektif Hukum Islam ]]>
<![CDATA[Fitri Yanni Dewi Siregar]]>;
<![CDATA[Jaka Kelana]]>
<![CDATA[ MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021 ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kediri ]]>
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DOI: 10.30762/mahakim.v5i1.130
<![CDATA[The minimum age limitation for marriage for citizens is in principle intended so that those who are getting married are expected to have adequate thinking maturity, mental maturity and physical strength. However, in legal arrangements regarding the age limit of marriage in Indonesia, both regulated in statutory regulations and the Compilation of Islamic Law is still a problem, as is regulated in Article 7 paragraph (1) of Law Number 1 of 1974 concerning Marriage which distinguishes between the age limit of marriage based on gender, that is for men 19 years and for women 16 years. This writing aims to find out about the equality of the age limit of marriage in the perspective of Islamic law based on the analysis of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This research is a normative juridical legal research conducted by examining library materials or primary legal material. In normative legal research, law is often conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as a rule or norm which is a benchmark for human behavior that is deemed appropriate or appropriate. The research specification used in this study is a descriptive analytical method that is related to the equality of the age limit for marriage in the perspective of Islamic law, then the conclusion is drawn using the deductive method where the regulations related to the minimum age limit of marriage in Law Number 16 of 2019 concerning Amendments to the Law Number 1 of 1974 concerning Marriage, can also be considered good and safe because it has exceeded the age limit of adulthood by Islamic jurists and does not conflict with Indonesian law and human rights.]]>
<![CDATA[CONSTRAINTS TO THE PROTECTION OF COMMUNAL INTELLECTUAL PROPERTY THROUGH INVENTORY BY THE DIRECTORATE GENERAL OF INTELLECTUAL PROPERTY ]]>
<![CDATA[M. Citra Ramadhan]]>;
<![CDATA[Fitri Yanni Dewi Siregar]]>
<![CDATA[ Kanun Jurnal Ilmu Hukum Vol 24, No 3 (2022): Vol. 24, No. 3, December 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/kanun.v24i3.28098
<![CDATA[This purpose of this research is to identify the constrains that arise in the inventory efforts carried out by the Directorate General of Intellectual Property at the Ministry of Law and Human Rights of the Republic of Indonesia in order to realize the legal protection of communal intellectual property. The method used is normative legal research with an evaluative nature, where the sources of legal material obtained in this research are then analyzed qualitatively. The constrains that have been identified are: Constraints in terms of substance, related to the confusion of communal intellectual property rights holders; Constraints in terms of structure, related to coordinating the inventory of communal intellectual property without involving a custodian; Constraints in terms of culture, related to the culture of speech for the custodian of communal intellectual property in Indonesia. These constrains will certainly hinder the government’s efforts to realize the legal protection of Indonesian communal intellectual property. Therefore, it is necessary to make improvements from several aspects, namely: First, the holder of communal intellectual property rights is the custodian; Second, the inventory should be carried out directly or at least involve the custodian; Third, grounding the documentation culture in communal intellectual property custodians in Indonesia]]>
<![CDATA[State and Fiqh: Examination of the Legal Status of Divorce in Verstek Decision Number 2939/Pdt.G/2023/PA.Mdn ]]>
<![CDATA[Maswandi, Maswandi]]>;
<![CDATA[Frensh, Wenggedes]]>;
<![CDATA[Siregar, Fitri Yanni Dewi]]>;
<![CDATA[Hidayani, Sri]]>
<![CDATA[ Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan ]]>
Publisher : <![CDATA[Hukum Keluarga Islam IAIN LANGSA ]]>
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DOI: 10.32505/qadha.v11i1.8722
<![CDATA[This research is grounded in Decision Number: 2939/Pdt.G/2023, wherein the presiding magistrate rendered a verdict of Verstek in his consideration of the case. In such cases, the decision is rendered by the court in the absence of either the defendant or their legal representative. The validity of a verstek verdict in the context of the legitimacy of a marriage may be contingent upon the applicable legislation within the jurisdiction in question; thus, this investigation will consider both positive law and Islamic law. The objective of this article is to undertake a critical analysis of the decision rendered in Decision Number: 2939/Pdt.G/2023, which pertains to the use of a verstek decision to terminate a marriage due to childlessness, followed by disputes and quarrels. This research is a normative legal study with a case-based approach. The principal data source is derived from court decisions in the field of marriage law. The analysis reveals that, in Decision Number: 2939/Pdt.G/2023, a verdict of divorce by verstek is considered valid if the stipulated procedures have been followed correctly and the party who is required to be present or provide a defence does not do so without a valid reason. Islamic law also establishes principles of justice and protection of individual rights, including in the marriage process. Accordingly, the legitimacy of a marriage concluded through a verstek verdict may be contingent upon the interpretation of Islamic schools of thought and the legal principles that are embraced. Likewise, in the context of marriage law in Indonesia, a verstek decision in a verstek divorce case can be recognized as valid if it has fulfilled the requirements stipulated in the law. Thus, to determine whether a verstek decision in a marriage is valid or not, it is necessary to consider the applicable legal context, both in terms of civil law and in terms of Islamic law (fiqh) or the applicable marriage law.]]>
